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In July 2014, the agency responsible for oversight of China’s media issued new measures aimed at preventing Chinese journalists from sharing information on their personal blogs, social media accounts, and with foreign news media. The new provisions forbid journalists and media employees from sharing state secrets, trade secrets, intellectual property, and “undisclosed information” obtained during professional activities. News organizations must also require all news personnel to sign state secrets pledges and nondisclosure agreements. International and domestic observers are concerned that these new rules may further restrict Chinese journalists’ ability to report on sensitive topics and lead to increased self-censorship. The measures place further restrictions on China’s already tightly controlled media.

On July 8, 2014, China’s State Administration of Press, Publication, Radio, Film and Television (SAPPRFT) publicly released Measures on Managing Information Obtained by Press Personnel Through Professional Conduct (Measures).[1] The Measures, dated June 30, 2014, provide new rules for journalists on sharing information both online and with foreign media. News organizations are also required to strengthen the supervision of information sharing by their employees. Key provisions are outlined below.

Restrictions on Sharing Information
News organizations shall:

Prohibit the copying, recording, storage, or transfer of state secrets (Article 4);[2]

Require employees to sign state secrets pledges and nondisclosure agreements covering the sharing of state secrets, trade secrets, undisclosed information, and intellectual property (Articles 4 and 5);[3] and

Be responsible for approval and routine supervision of employees’ professional blogs and microblogs (Article 7).[4]

Restrictions on Working With Domestic and Foreign Media

The following actions are considered violations of media employees’ nondisclosure agreements:

Sharing information obtained in a professional capacity with domestic or foreign media and Web sites (Article 5)[5] and

Referring journalists accused of leaking state secrets to the judiciary (Article 16).[11]

Additionally, news organizations that do not adequately supervise the actions of their employees may in severe circumstances have their licenses revoked.[12]

SAPPRFT has already begun implementing the new rules, announcing in early July that as of July 15, all journalists applying to renew their press certificates must include in their applications signed state secrets pledges and nondisclosure agreements.[13]

Fears of Increased Self-Censorship

International and domestic media advocates, as well as Chinese commentators, have voiced concerns over the new Measures for their lack of clarity. The International Federation of Journalists criticized the Measures for not clearly defining what types of materials could be considered “commercial secrets” or “unpublished information.”[14] According to a former journalist, the vague wording of the Measures allows regulators to apply the rules arbitrarily.[15] The Committee to Protect Journalists argues that these Measures aim to “stifle” journalists who report on sensitive topics.[16]

Referencing the provisions forbidding journalists from copying, recording, storing, and transferring state secrets, the writer Hu Ping noted in an interview with Radio Free Asia that “the rules don’t explain what a state secret is.”[17] The definition of “state secrets” in the PRC Law on Guarding State Secrets[18] is both vague and broad, giving Chinese officials wide latitude to declare almost any matter of public concern a state secret. Documents can also be classified as state secrets retroactively.[19] As the lawyer Shang Baojun explained in an interview with the New York Times, “It often happens that the security bureaus reclassify documents that were not previously secret only after they find you are in trouble.”[20] For more information on China’s state secrets law, see this Commission analysis.

Some observers have expressed fear that the Measures could lead to increased self-censorship, in part due to the uncertainty surrounding what types of information journalists can and cannot share.[21] One anonymous Chinese journalist told Time, “I have discussed this with other journalists, and the general consensus is that self-censorship within the media will probably intensify. More and more topics will become untouchable.”[22] Moreover, Chinese journalists have in recent years turned to social media to post information that they were not allowed to publish in traditional media.[23] Restrictions in the Measures, however, could diminish journalists’ ability to use personal blogs and social media as an outlet for sharing information that authorities would otherwise censor.[24]

Impact on International Media

New restrictions in the Measures prohibiting Chinese journalists from sharing information with or contributing to foreign media may negatively impact the ability of international news media to report on China. In recent years, some Chinese journalists have turned to international media outlets to share stories, tips, or other information on subjects authorities would likely deem too sensitive for domestic media.[25] According to international observers, the new Measures seem designed in part to prevent this practice.[26]

The Measures reportedly have already cost at least one Chinese journalist his job. Song Zhibiao worked as a reporter for China Fortune, a monthly magazine based in mainland China.[27] He also wrote a column twice a week for the Hong Kong-based Oriental Press Group.[28] Song told the New York Times that local propaganda officials informed the editor-in-chief of China Fortune that Song’s commentary for the Hong Kong-based Web site violated the new rules for journalists.[29] China Fortune terminated Song’s contract on July 18.[30] Chen Min, a former editor of Southern Weekend, told the New York Times that the new Measures and firing of Song Zhibiao “reflect the authorities’ deep insecurity, their profound distrust of society as a whole and their growing concern that they are losing control of public opinion.”[31]

Increasingly Difficult Climate for China’s Journalists

The Measures follow other recent developments that have placed limits on journalists in China. In June 2014, SAPPRFT released a circular emphasizing that journalists were not permitted to report on news outside of their region or field of coverage and forbidding journalists from writing critical reports without their editors’ approval.[32] On April 24, authorities detained Gao Yu, a well-known journalist and political commentator, on charges of leaking state secrets.[33] Foreign journalists have also recently faced greater difficulties reporting in China, as Chinese authorities have delayed or rejected visas for reporters for the New York Times,[34] Bloomberg,[35] and Reuters.[36]

Article 35 of China’s Constitution provides for freedom of speech and of the press.[37] Article 19 of the Universal Declaration of Human Rights states that the freedom of expression includes the right “to seek, receive and impart information and ideas through any media.”[38]

For more information on freedom of the press in China, see Section II—Freedom of Expression in the CECC 2014 Annual Report, pp. 61-70.